LAS VEGAS — The Nevada Supreme Court has ruled in favor of former Las Vegas Raiders head coach Jon Gruden, allowing him to proceed with his lawsuit against the NFL over allegations of leaked emails. Gruden contends that damaging communications were made public before his resignation from the Raiders in 2021, an action that he believes was orchestrated by the league.
In a 5-2 ruling, the justices did not confirm whether the NFL had indeed leaked Gruden’s emails. However, they deemed the NFL’s choice to force the case into arbitration, with Commissioner Roger Goodell overseeing the proceedings, as “unconscionable.” The court asserted that Gruden, as a former employee, should not be compelled to adhere to the NFL’s arbitration clause.
The justices argued that the league’s constitution cannot bind Gruden post-employment. They pointed out that if the Constitution were to govern disputes involving former employees, it would allow the Commissioner to selectively choose which matters to send to arbitration, undermining the integrity of the arbitration process.
The full panel of justices revisited the case after a previous 2-1 decision last year favored dismissing Gruden’s civil lawsuit. A three-justice segment of the court had also rejected Gruden’s request for reconsideration earlier this year, maintaining the same 2-1 margin.
Adam Hosmer-Henner, Gruden’s attorney from McDonald Carano LLP, expressed his satisfaction with the court’s ruling, stating that it not only benefits Gruden but also serves as a precedent for other employees facing unjust arbitration practices. He emphasized that this outcome supports Gruden’s reputation and helps pave the way for justice against the NFL.
Should the NFL choose to contest the ruling, its remaining option would be to appeal to the U.S. Supreme Court. A representative from the NFL declined to provide further comments on the decision.
Previously, a Nevada judge had dismissed the NFL’s attempts to either completely dismiss the case or mandate out-of-court arbitration led by Goodell. The judge recognized Gruden’s claims regarding the alleged intentional leaks, suggesting that this could be construed as an act with specific intent to harm Gruden’s career.
Gruden’s lawsuit pertains to the extreme fallout he faced after the release of emails containing racist, sexist, and anti-gay remarks he had made in the past about Goodell and various NFL figures while he was an ESPN analyst. Following these revelations, Gruden resigned from his post with the Raiders in November 2021.
Having served as head coach of the Raiders during their transition from Oakland to Las Vegas in 2020, Gruden seeks monetary damages, alleging that the selective leaking of his emails seriously damaged his professional reputation and affected his endorsement deals. His coaching history includes a successful tenure with the Tampa Bay Buccaneers, where he won a Super Bowl in 2003, before returning to the Raiders in 2018 after several years as a television analyst.
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